EXPLANATORY STATEMENT
Notice of revocation of approval as a provider on application
under section 22-40 of the Higher Education Support Act 2003
Issued by the authority of the Minister for Education
Subject: Higher Education Support Act 2003 (HESA)
Revocation of approval as a higher education provider (HEP) on request by the body under subsection 22-40(1) of HESA
Notice of revocation of approval under subsection 22-40(3) of HESA
AUTHORITY
Section 22-40 of HESA provides for the revocation of approval of a body as a HEP by the Minister if the body requests in writing that the Minister revoke its approval.
Under paragraph 238-5(1)(b) of HESA the Minister has delegated her powers under subsections 22-40(1) and 22-40(3) of HESA to any person holding the position of Branch Manger of the Quality Branch in the Higher Education Group of the Department of Education, Employment and Workplace Relations.
Under subsection 22-40(3A) of HESA, the notice of revocation of approval is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
PURPOSE
This legislative instrument is a notice of revocation of the approval of Holmes Commercial Colleges (Melbourne) Ltd (Holmes) as a HEP under section 22-40 of HESA.
In accordance with paragraph 22-40(3)(b) of HESA, a copy of this legislative instrument will also be given to Holmes, and it provides that the revocation takes effect 14 days after the day on which it is registered on the Federal Register of Legislative Instruments.
BACKGROUND
On 27 September 2004, Holmes was approved as a HEP by the Minister’s delegate under subsection 16-50(1) of HESA, as HESA existed on 27 September 2004 (the former HESA). On that date, subsection 16-55(1) of the former HESA provided that a Notice of Approval under paragraph 16-50(1)(b) was a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 (AIA), as the AIA existed on 27 September 2004 (the former AIA).
As required by section 46A of the former AIA, the Notice of Approval:
- was notified in the Gazette on 29 September 2004 (see paragraph 48(1)(a) of the former AIA); and
- was tabled in the House of Representatives and the Senate on 16 November 2004 (see paragraph 48(1)(c) of the former AIA).
Subsection 16-55(2) of the former HESA provided that a decision of the Minister (or his delegate, as the case may be) to approve a body corporate as a HEP took effect at the later of the following times:
(a) on the day immediately after the last day on which a resolution referred to in subsection 48(4) of the Acts Interpretation Act 1901 disallowing the notice could be passed;
(b) the day (if any) specified in the notice under paragraph 16-50(1)(b) as the day on which the approval takes effect.
On 15 February 2005, the disallowance period in relation to the Approval and the Notice of Approval expired in the House of Representatives.
On 7 March 2005 (being the fourteenth day of the Senate disallowance period), Senator Nettle gave notice of her intention to move a motion to disallow the Approval and the Notice of Approval in relation to Holmes in 11 sitting days.
On 8 March 2005 (being the fifteenth day of the Senate disallowance period), Senator Nettle gave notice of her intention to withdraw her notice on the next sitting day; and on this day, the Senate disallowance period also expired.
On 9 March 2005 Senator Nettle’s notice was subsequently withdrawn and Holmes’ Approval and Notice of Approval took effect in accordance with paragraph 16-55(2)(c) of the former HESA.
On 25 March 2010, Holmes requested in writing that the Minister revoke its approval as a HEP in accordance with subsections 22-40(1) and (2) of HESA.
On 15 April 2010 the Minister’s delegate revoked the Holmes’ approval and also gave Holmes written notice of that revocation as required by paragraph 22-40(3)(a) of HESA.
Subsection 22-40(3A) of HESA specifies that a notice of revocation under subsection 22-40(3) is a legislative instrument.
Subsection 22-40(4) of HESA provides that the revocation has effect on the day requested unless another day is specified in the notice under subsection (3). In its written request to the Minister, Holmes requested that the revocation take effect 14 days after the notice of revocation is registered on the Federal Register of Legislative Instruments.
COMMENCEMENT
In accordance with subsection 22-40(4) of HESA, the revocation shall take effect 14 days after the notice of revocation is registered on the Federal Register of Legislative Instruments, as requested by Holmes in its written request to the Minister.
CONSULTATION
Consultation was not undertaken and was not considered necessary because Holmes has voluntarily applied for revocation of its approval as a HEP and Holmes is the only body affected by the instrument.